CSP Members Medical Professional Liability Policy...Medical Professional Liability Policy This is a...

UMR: 016/00000071/00 of 34

© The MPLC. All Rights Reserved. www.the-mplc.com [email protected]

Gibraltar - Main Office: Regal House, Queensway, PO Box 1446, Gibraltar Tel: +44 (0)20 3100 5151 Fax: +350 20042239

UK – Branch Office: 107 Fenchurch Street, London EC3M 5JF, United Kingdom Tel: +44 (0)20 3100 5152 Fax: +44 (0)845 127 5071

The MPLC is the trading name of The Medical Professional Liability Company Ltd, an underwriting intermediary licensed in Gibraltar by the

Financial Services Commission, under licence number FSC00659B. All indications, quotes, acceptances of proposals and issuances of policies are

made by The MPLC in Gibraltar. The MPLC’s insurances underwritten by certain underwriters at Lloyd's. 30/06/2016

CSP Members Medical Professional Liability Policy

This is a “Claims made” policy which only provides cover in respect of Claims made against the Insured and notified

to Underwriters during the Policy Period and/or any reporting period.

Certain words and phrases have been specially defined for use in this policy. These appear in bold type. The policy and

the Proposal shall be construed as one document. In the event of any conflict between this policy and the Proposal,

the policy shall prevail.

This policy has been underwritten by The Medical Professional Liability Company Limited (The MPLC) on behalf of

certain Underwriters at Lloyd’s. The MPLC is an underwriting intermediary licensed in Gibraltar by the Financial

Services Commission, under licence number FSC00659B. The MPLC has notified the FSC of its intention to provide

cross border services in accordance with the requirements of the EU Insurance Mediation Directive.

The MPLC aims to provide a first class professional service to its customers. Should you have any questions, concerns

or complaints about your policy or the handling of a Claim you should, in the first instance, contact your broker.

Alternatively, you may wish to contact The MPLC by writing to:

Managing Director

The Medical Professional Liability Company Limited,

Regal House,

Queensway,

P.O. Box 1446,

Gibraltar.

In the event that you are unable to resolve the situation you may, in certain circumstances, contact the Policyholder &

Market Assistance Department at Lloyd’s.

Address: Policyholder & Market Assistance, Lloyd’s Market Services. One Lime Street., London EC3M 7HA

Tel No: +44 (0)20 7327 5693;

Fax No: +44 (0)20 7327 5225;

E-mail: [email protected]

Finally, in the event that the Policyholder & Market Assistance Department is unable to resolve your complaint, it may

be possible for you to refer it to the Financial Ombudsman Service (FOS) or other local dispute resolution body.

Further details will be provided at the appropriate stage of the complaints process.

PLEASE READ THIS POLICY CAREFULLY

1 Lime Street, London, EC3M 7HA Telephone +44 (0)20 7327 1000

UMR: 016/00000071/00 of 34







Contents

1 INSURING CLAUSE ........................................................................................................................................................... 4

2 LIMIT OF INDEMNITY .................................................................................................................................................... 4

3 DEFINITIONS...................................................................................................................................................................... 4

3.1 Claim ............................................................................................................................................................................ 4

3.2 Compensatory Damages ........................................................................................................................................ 5

3.3 Defence Costs ........................................................................................................................................................... 5

3.4 Excess .......................................................................................................................................................................... 5

3.5 Good Samaritan Act ................................................................................................................................................ 5

3.6 Independent Professional Practitioners ............................................................................................................ 5

3.7 Insured ........................................................................................................................................................................ 5

3.8 Medical Services ....................................................................................................................................................... 6

3.9 Policy Period ............................................................................................................................................................. 6

3.10 Product ........................................................................................................................................................................ 6

3.11 Proposal ...................................................................................................................................................................... 6

3.12 Terrorism .................................................................................................................................................................... 6

3.13 Principal ...................................................................................................................................................................... 6

3.14 Expert Witness .......................................................................................................................................................... 7

3.15 Healthcare Professional ......................................................................................................................................... 7

4 EXCLUSIONS ....................................................................................................................................................................... 7

4.1 Retroactive Date ......................................................................................................................................................... 7

4.2 Prior Circumstances ................................................................................................................................................... 7

4.3 Other Insurances ........................................................................................................................................................ 8

4.4 Waived Recourse Rights ............................................................................................................................................ 8

4.5 Wrongful Acts ............................................................................................................................................................. 8

4.6 Products Liability ....................................................................................................................................................... 8

4.7 Excessive Care Levels ................................................................................................................................................ 9

4.8 Directors and Officers Liability ................................................................................................................................ 9

4.9 Internet Activities ....................................................................................................................................................... 9

4.10 Sexual Conduct ........................................................................................................................................................... 9

4.11 Radioactive Contamination ....................................................................................................................................... 9

4.12 War ................................................................................................................................................................................ 9

4.13 Terrorism ................................................................................................................................................................. 10

4.14 Pollution .................................................................................................................................................................... 10

4.15 Fines and Penalties .................................................................................................................................................. 10

4.16 Insured versus Insured ......................................................................................................................................... 10

4.17 Toxic Mould ............................................................................................................................................................. 11

4.18 Principal’s liability .................................................................................................................................................. 11

4.19 Treatment of Animals ............................................................................................................................................. 11

5 CONDITIONS ................................................................................................................................................................... 11

5.1 Disclosure ................................................................................................................................................................. 11

5.2 Claims ....................................................................................................................................................................... 12

5.3 Records ...................................................................................................................................................................... 14

5.4 Licensing of all Physiotherapists ........................................................................................................................... 14

5.5 Cancellation .............................................................................................................................................................. 14

5.6 Premium Payment Warranty .................................................................................................................................. 15

5.7 Policy Jurisdiction and Applicable Law ................................................................................................................ 15

UMR: 016/00000071/00 of 34







The Schedule

ITEM 1 Policy Number: 016/00000071/00 Broker’s Reference: B0621PFDO06516

ITEM 2 Name of the Insured: As fully detailed in Endorsement 1.1

ITEM 3 Address of Insured:

14 Bedford Row

London, WC1R 4ED

United Kingdom

Telephone:

ITEM 4 Policy Period

From: 01 July 2016 To: 01 July 2017

At: 00:01 hours At: 00:01 hours

Local standard time at the Insured’s address stated in Item 3 above

ITEM 5 Limit of Indemnity: As fully detailed in

Endorsement 1.2 Any one Claim

As fully detailed in

Endorsement 1.2 In the aggregate during the Policy Period

Excess:

As fully detailed in

Endorsement 1.2 Each and every Claim including Defence Costs

ITEM 6 Premium: As held on file with the CSP

Premium Due Date: As held on file with the CSP

ITEM 7 Territories: As fully detailed in Endorsement 1.3

ITEM 8 Retroactive Date: As fully detailed in Endorsement 1.4

ITEM 9 Proposal Form: 18 May 2016 Declaration Date: To be provided as per the

Subjectivity

ITEM 10 Notice to be given to:

The MPLC

Regal House

Queensway

PO Box 1446, Gibraltar

Telephone: +44 (0)20 3100 5151

Fax: +350 20042239

Email: ([email protected])

ITEM 11 Covered Jurisdictions: Worldwide (Excluding USA, Canada & Australia)

ITEM 12 Policy Jurisdiction and Applicable Law: England & Wales

UMR: 016/00000071/00 of 34







Medical Professional Liability Policy

1 INSURING CLAUSE

In consideration of the payment of the premium stated in the Schedule and in reliance upon the

statements made by the Insured in the Proposal, which statements are deemed to form the basis of

and be incorporated in this policy, Underwriters agree, subject to the terms, conditions and

exclusions contained herein to indemnify the Insured in excess of the sum specified in the Schedule

as the Excess for sums which the Insured shall become legally liable to pay as Compensatory

Damages in accordance with the laws of the country/ies specified in Item 11 of the Schedule

resulting from any Claims made against the Insured and notified to Underwriters during the Policy

Period arising in respect of the Insured’s liability for death, bodily injury, mental injury, illness or

disease of or to any patient of the Insured caused by any actual or alleged negligent act, negligent

error or negligent omission committed by the Insured which arises either from:

(a) the provision of Medical Services; or

(b) the performance of Good Samaritan Acts; or

which falls within the terms of this policy and arises out of the Insured’s business specified in the

Proposal and to indemnify the Insured for Defence Costs incurred in connection with any such

Claim.

2 LIMIT OF INDEMNITY

Underwriters’ total liability during the Policy Period in respect of all Compensatory Damages and

Defence Costs shall not exceed the Limit of Indemnity specified in Item 5 of the Schedule and

Underwriters shall not be liable to pay any sums after the Limit of Indemnity has been exhausted by

payment of or agreement to pay Compensatory Damages and/or Defence Costs.

3 DEFINITIONS

3.1 Claim

shall mean any

3.1.1 suit or proceedings served upon or issued against the Insured;

3.1.2 oral or written allegation communicated to the Insured;

3.1.3 oral or written communication from or on behalf of a patient and/or a request to the

Insured by or on behalf of a patient for medical records or copies of medical records

to investigate or contemplate a potential Claim against the Insured arising out of the

provision of Medical Services

Provided always that a series of Claims arising out of or which are attributable to a single

originating cause or source or which are otherwise casually connected shall constitute a single

Claim for the purposes of this policy.

UMR: 016/00000071/00 of 34







3.2 Compensatory Damages

shall mean all sums payable in respect of any judgment, award or settlement and is deemed to

include third party claimants' fees, costs and expenses for which the Insured is liable.

3.3 Defence Costs

shall mean reasonable and necessary fees and expenses incurred by or on behalf of the

Insured with the prior written consent of Underwriters which result from:

3.3.1 the investigation, defence and/or settlement of a Claim; or

3.3.2 the attendance or representation at or in connection with any examination, enquiry or

proceedings commissioned by any official, administrative or regulatory body in the

exercise of its powers over any Insured in relation to any circumstance, actual or

alleged which has a direct relevance to any Claim;

and any appeal from any of the proceedings mentioned in 3.3.1 and 3.3.2 above.

3.4 Excess

shall mean the amount specified as such in Item 5 of the Schedule which the Insured must

incur in respect of each and every Claim for which the Underwriters are not liable and in

excess of which this policy is to apply.

3.5 Good Samaritan Act

shall mean treatment administered at the scene of a medical emergency, accident or disaster

by the Insured who is present either by chance, or in response to a medical emergency..

3.6 Independent Professional Practitioners

shall mean any medical or dental practitioner, or healthcare provider who works or provides

services on or out of the Insured’s premises or who may expose the Insured to potential

Claims but who is not defined as an Insured under this policy.

3.7 Insured

shall mean:

3.7.1 The Chartered Society of Physiotherapy (CSP) and the Professional Network Groups

(as detailed more fully in Schedule ‘A’);

3.7.2 Any individual member of the Chartered Society of Physiotherapy named in Item 2 of

the schedule carrying out Medical Services as defined in definition 3.8 in the

territories specified in Item 7 of the schedule;

3.7.3 Any Great Britain, Northern Ireland, the Channel Islands or the Isle of Man based

and registered partnership (but not a limited liability partnership LLP) comprising

solely of CSP members carrying out Medical Services as defined in definition 3.8 in

the territories specified in Item 7 of the schedule;

UMR: 016/00000071/00 of 34







3.7.4 Any Great Britain, Northern Ireland, the Channel Islands or the Isle of Man based

Private Limited Company which is owned 100% by an individual CSP member solely

where the CSP member is the only practitioner carrying out Medical Services as

defined in definition 3.8 in the territories specified in Item 7 of the schedule

3.7.5 The individual Limited Companies or Partnerships as detailed in Schedule 'C'

3.7.6 the personal representatives of the estate of any person who would otherwise be

indemnified under this policy;

3.8 Medical Services

Shall mean the provision of those professional services within the scope of Physiotherapy

Practice as determined by the Chartered Society of Physiotherapy.

3.9 Policy Period

shall mean the period set out in Item 4 of the Schedule.

3.10 Product

shall mean any solid, liquid, or gaseous substance or device or component part thereof,

manufactured, constructed, altered, repackaged, repaired, serviced, treated, administered, sold,

supplied or distributed by or on behalf of the Insured but not any food and drink provided

primarily for the benefit of staff, visitors or patients for consumption on the premises.

3.11 Proposal

shall mean the written Proposal or declaration bearing the date stated in Item 9 of the

Schedule and/or any presentation, statements, declarations, warranties or information upon

which the Underwriters have relied made by or on behalf of the Insured to the Underwriters

for the insurance evidenced by this policy.

3.12 Terrorism

shall mean any act or acts of force and/or violence

1. for political, religious or other ends and/or

2. directed towards the over-throwing or influencing of the Government de jure or de

facto, and/or

3. for the purpose of putting the public or any part of the public in fear

by any person or persons acting alone or on behalf of or in connection with any organisation.

3.13 Principal

shall mean

any person or organisation who directly or indirectly engages the insured to provide Medical

Services

UMR: 016/00000071/00 of 34







3.14 Expert Witness

shall mean any person who is a specialist in a subject presenting his or her expert opinion,

without having been a witness to any occurrence relating to the law suit or criminal case. The

experts work is qualified by evidence of his or her expertise, training and special knowledge of

the relevant subject.

3.15 Healthcare Professional

Shall mean a person who has received special training or education in a health-related field,

including administration, direct provision of patient care or ancillary services and holds or is

required by law to hold, a valid licence to practice in the relevant speciality, such licence

having being issued by the relevant lawfully established and recognised licensing authority to

practice in the territories specified in Item 7 of the schedule

4 EXCLUSIONS

4.1 Retroactive Date

Underwriters shall not be liable for any Claim or Defence Costs directly or indirectly caused

by or arising out of or in any way connected with any act, error, omission, circumstances or

event occurring or committed or alleged to have been committed prior to the Retroactive

Date specified in Item 8 of the Schedule;

4.2 Prior Circumstances


by or arising out of or in any way connected with any event or circumstance which might

reasonably be expected to give rise to a Claim being made against the Insured and which the

Insured knew about or reasonably could have foreseen or discovered prior to the Policy

Period. Where the Insured has received either an oral or written communication from or on

behalf of a patient and/or a request by or on behalf of a patient for copies of medical records,

the Insured will be deemed to have been aware of a Claim;

Notwithstanding Exclusion 4.2 (Prior Circumstances), should a Claim which should have

been notified, or a fact or circumstance which should have been notified, to Underwriters

under an earlier Policy placed through The MPLC, then Underwriters may accept the

notification of such Claim, fact or circumstance under this Policy. PROVIDED ALWAYS

THAT:

(a) The Insured has been covered continuously under a Policy placed through The MPLC

between the date when such notification should have been given and the date when

such notification was, in fact, given; and

(b) The Underwriters acting reasonably but otherwise at their discretion are satisfied that

the failure by the Insured to notify the Claim fact or circumstance (as the case may be)

UMR: 016/00000071/00 of 34







was unintentional and attributable to good faith mistake or oversight on the part of the

Insured; and

(c) the terms and conditions applicable to this extension and to that notification shall not

be those of this Policy but shall be the terms and conditions (including the unexhausted

portion of the Limit of Indemnity and Excess) applicable to the Underwriters earlier

Policy under which the notification should have been given.

4.3 Other Insurances

Underwriters shall not be liable for any Claim or Defence Costs which is the subject of

insurance or indemnity or other form of compensation or payment provided by any medical

defence organisation or similar scheme, club, association or arrangement, nor in respect of

any circumstance, occurrence, fact, matter or Claim notified under any other insurance,

indemnity or other form of compensation or payment provided by any medical defence

organisation or similar scheme, club, association or arrangement prior to the Policy Period, it

being understood and agreed that this policy shall not be drawn into contribution with such

other insurance, indemnity, compensation or payment;

4.4 Waived Recourse Rights

Underwriters shall not be liable for any Claim or Defence Costs where Underwriters have

or would have rights of recourse in respect of such Claim but the Insured has granted

without Underwriters’ prior consent a waiver of such recourse rights to others whether by

express term or by reason of an assumption of liability under contract;

4.5 Wrongful Acts


by or arising out of or in any way connected with

4.5.1 any deliberate or wilful misconduct

4.5.2 any dishonest, fraudulent or criminal act, except breaches of local statutory or

regulatory obligations by either Members deployed for and on behalf of the UK’s

Ministry of Defence or Members travelling outside of Great Britain, Northern Ireland,

Chanel Islands, Isle of Man and the Republic of Ireland with individual British based

clients, British based teams, British based athletes or British based entities which retain

CSP members for the provision of Medical Services, for their own needs

4.5.3 the performance of the activities of the Insured whilst under the influence of

intoxicants or narcotics;

4.6 Products Liability


by or arising out of or in any way connected with any Product;

UMR: 016/00000071/00 of 34







4.7 Excessive Care Levels


by or arising out of or in any way connected with actual or alleged breach of contract by

which the Insured has agreed to exercise a duty of care and skill beyond such care and skill as

is usual to exercise in the Insured’s business as stated in the Proposal;

4.8 Directors and Officers Liability

Underwriters shall not be liable for any Claim or Defence Costs made against any director

or officer of the Insured, directly or indirectly caused by or arising out of or in any way

connected with any unlawful, wrongful or negligent act, error or omission or breach of trust,

breach of warranty of authority, or breach of duty, whether actual or alleged, committed,

permitted or attempted by such director or officer where such Claim is made solely by reason

of his holding the position of director or officer and having acted in that capacity;

4.9 Internet Activities


by or arising out of or in any way connected with any advice, diagnosis or treatment given or

information of any type published or promoted by the Insured over the Internet or via any

computer or any electronic system accessible outside the Insured’s premises;

4.10 Sexual Conduct


by or arising out of or in any way connected with actual or attempted sexual relations, sexual

contact or intimacy, sexual harassment or sexual exploitation;

4.11 Radioactive Contamination


by or arising out of or in any way connected with ionising radiations or contamination by

radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear

fuel or from the radioactive, toxic, explosive or other hazardous properties of any explosive

nuclear assembly or nuclear component thereof.

Provided always that this exclusion shall not apply to occupational risks arising from radio-

isotopes, ionising radiation, radium or radium compounds or other applications of nuclear

medicine when used by the Insured incidental to ordinary industrial, educational, medical, or

research pursuits.

4.12 War


by or arising out of or in any way connected with war, invasion, act of foreign enemy,

hostilities or warlike operations (whether war be declared or not) civil war, rebellion,

revolution, insurrection, civil commotion assuming the proportion of or amounting to a

popular uprising, military or usurped power, martial law, riot or the act of any lawfully

constituted Authority.

UMR: 016/00000071/00 of 34







It is understood and agreed that in any Claim and in any action, suit or other proceedings to

enforce a Claim under this Insurance for loss or damage or legal liability, the BURDEN OF

PROVING that such loss or damage or legal liability does not fall within this exclusion shall

be upon the Insured.

Provided always that this exclusion shall not apply to any Claims which may arise from the

provision of any Medical Services which are subsequently provided to any patients of the

Insured.

4.13 Terrorism


by or arising out of or in any way connected with Terrorism (including, without limitation,

contemporaneous or ensuing loss or damage or legal liability caused by fire and/or looting

and/or theft).

It is understood and agreed that in any Claim and in any action, suit or other proceedings to

enforce a Claim under this Insurance for loss or damage or legal liability, the BURDEN OF

PROVING that such loss or damage or legal liability does not fall within this exclusion shall

be upon the Insured.

Provided always that this exclusion shall not apply to any Claims which may arise from the

provision of any Medical Services which are subsequently provided to any patients of the

Insured.

4.14 Pollution


by or arising out of or in any way connected with:

4.14.1 seepage, pollution or contamination

4.14.2 the cost of removing, nullifying or cleaning up seeping, polluting or contaminating

substances;

4.15 Fines and Penalties


by or arising out of or in any way connected with fines, penalties, punitive or exemplary

damages, aggravated damages or multiplication of compensation awards;

4.16 Insured versus Insured

Underwriters shall not be liable for any Claim or Defence Costs made by one Insured

against any other Insured however this exclusion shall not apply to any Claims made by an

Insured who provides Medical Services to any other named Insured.

UMR: 016/00000071/00 of 34







4.17 Toxic Mould


by or arising out of or in any way connected with the formation, growth, presence, release,

dispersal, containment, removal, testing for, or detection or monitoring of, or failure to detect

or monitor or warn about moulds, fungi, spores or similar growth or organic matter,

including but not limited to aspergillus, penicillium, or any strain or type or stachybotris,

commonly collectively referred to as the “Black Moulds”.

4.18 Principal’s liability


by or arising out of or in any way connected with any actual or alleged act, error or omission

committed by the Insured’s Principal or by a) any director, officer or employee of the

Principal or b) of any other person or organisation acting on the Principal’s behalf.

4.19 Treatment of Animals

Underwriters shall not be liable for any Claim or Defence Costs arising from any Claims

directly or indirectly caused by or in any way connected with the treatment of animals. This

Exclusion shall not, however, apply to the Chartered Society of Physiotherapy or ACPAT

(Association of Chartered Physiotherapists in Animal Therapy) in respect of any work

undertaken as a Professional Body or Professional Network Group (PNG) and arising within

the scope of practice. For the avoidance of doubt, no indemnity shall be provided under this

Policy to individual CSP or ACPAT Members in respect of claims relating to the treatment of

animals. Subject otherwise to the Terms and Conditions of this Policy.

5 CONDITIONS

5.1 Disclosure

5.1.1 Underwriters have relied upon the Proposal as the basis upon which they have

entered in to this policy.

5.1.2 It is a condition precedent to the Insured’s right to be indemnified under this policy

that the Insured must disclose to the Underwriters before this policy is entered into,

every matter which is known or ought reasonably be known by the Insured which a

reasonable person in the circumstances could be expected to identify as relevant

and/or material to the risk being insured.

This duty of disclosure also applies to any renewal, extension, variation or reinstatement of

the policy.

5.1.3 In the event of unintentional non-disclosure, the Underwriters may at their absolute

discretion:

1. refuse to cover additional exposure to that which was disclosed; or

UMR: 016/00000071/00 of 34







2. charge a reasonable additional premium; or

3. avoid the contract.

5.1.4 In the event of intentional or fraudulent

1. failure to comply with the duty of disclosure; or

2. misrepresentation to the Underwriters

the Underwriters may avoid the contract.

5.1.5 It is a condition precedent to the right of the Insured to be indemnified under this

policy that, during the Policy Period, the Insured shall give as soon as practicable

notice in writing to the party named in Item 10 of the Schedule of any alteration which

materially affects the risk. The Underwriters are entitled to refuse to cover the

additional exposure or cancel the contract in accordance with the cancellation

provisions of this policy.

5.2 Claims

5.2.1 Notice

It is a condition precedent to the right of the Insured to be indemnified under this

policy that notice of any Claim as well as any circumstances or incidents which might

reasonably be expected to give rise to a Claim shall be given to Underwriters as soon

as reasonably practical upon the Insured becoming aware thereof. Notice of such

Claim or circumstances or incident shall be in writing and shall be delivered by fax,

email or by post to the address specified in Item 10 of the Schedule.

Notice of all Claims and circumstances must be made within the Policy Period

provided that the Insured shall have an extra 180 calendar days to notify Claims of

which they become aware on or as soon as reasonably practical prior to the expiry of

the Policy Period.

If the Insured provides Underwriters with notice of circumstances or incidents as

mentioned above during the Policy Period which are accepted by the Underwriters,

any Claim subsequently made which arises from those circumstances shall be deemed,

notwithstanding the Claim was made after expiry of the Policy Period, to be

reported to Underwriters on the date when the circumstances were notified to them.

The simple noting of an incident in an incident book without other grounds for

believing a Claim may be made shall not constitute a notifiable circumstance or

incident.

5.2.2 Control of Claims

Underwriters shall be entitled but not obligated to take control of the defence of any

Claim in the Insured’s name and shall have full discretion in the conduct of any

negotiations or proceedings in the settlement of any Claim. The Insured shall assist

the Underwriters and co-operate fully with them in the investigation and/or defence

UMR: 016/00000071/00 of 34







of any Claim and the prosecution of any subrogation or recovery action without

charge to Underwriters.

5.2.3 Consent of Underwriters

The Insured shall not:

1. admit liability

2. enter any arrangement

3. make any offer, payment or promise

4. incur any cost or expense

without the prior written consent of Underwriters.

5.2.4 Consent of the Insured

Underwriters will not settle any Claim without the consent of the Insured provided

that:

1. If the Insured refuses to consent to any settlement recommended by

Underwriters or their legal representatives then Underwriters' liability may not

exceed the total amount for which the Claim could have been settled plus the

costs and expenses incurred with their consent up to the date of the refusal or

the applicable Limit of Indemnity whichever is less;

2. the Insured agrees to indemnify Underwriters for all sums including Defence

Costs which Underwriters are liable to pay after the date of refusal.

5.2.5 Relinquishment

Underwriters may at any time pay to the Insured in connection with any Claim the

amount of the Limit of Indemnity remaining under this policy or any lesser amount

for which such Claim can be settled less any sums already paid and less any associated

Defence Costs already paid. Upon such payment being made, the Underwriters shall

relinquish the conduct and control of and be under no further liability in connection

with such Claim or associated Defence Costs incurred after the date of such

relinquishment.

5.2.6 Subrogation

In relation to sums paid or payable by them, Underwriters shall be entitled at any stage

to bring an action for their own benefit seeking indemnity, damages or otherwise

against any third party in the name of the Insured provided such subrogation will not

be exercised against the insured’s Principal where the member is engaged on a self

employed basis, or where the Principal is:

1. an entity owned 100% by an individual member of the CSP

2. the only practitioner engaged by the entity

UMR: 016/00000071/00 of 34







3. where the claim relates to the member’s negligence (or the negligence of any

temporary locum engaged by the entity to cover the members absence,

provided such locums are CSP members)

Underwriters’ expenses in the recovery shall always be deducted prior to the

application of the recovery to the Claim.

5.2.7 Fraudulent Claims

If the Insured shall make any request for payment from Underwriters knowing the

same to be false or fraudulent as regards amount or otherwise, this policy shall

become void ab initio, all premiums paid shall be forfeited and all payments to the

Insured under the policy shall be returned.

5.3 Records

The Insured shall at all times:

5.3.1 maintain accurate descriptive records of all Medical Services and equipment used in

procedures. Such records shall be made available for inspection and use by

Underwriters or their appointed representatives in the investigation or defence of any

Claim hereunder;

5.3.2 retain the records referred to in 5.3.1 above for a period of at least six (6) years from

the date of treatment and, in the case of a minor, for a period of at least six (6) years

after that minor attains majority. Obstetric records must be retained and preserved

indefinitely;

5.3.3 provide Underwriters or their appointed representatives with such oral or written

information, assistance, signed statements, evidence or depositions as Underwriters

may require;

5.4 Licensing of all Physiotherapists

It is a condition precedent to the Insured's right to be indemnified under this policy, that

each practicing Member of the CSP shall hold a valid licence to practice issued by the relevant

lawfully established and recognised licensing authority within the territories specified in Item

7 of the schedule, except when deployed for and on behalf of the UK’s Ministry of Defence

or visiting territories outside of Great Britain, Northern Ireland, Channel Islands, the Isle of

Man and the Republic of Ireland with British based clients, British based teams, British based

athletes or British based entities or organisations which retain members for the provision of

Medical Services for their own needs. It is understood and agreed that for the avoidance of

doubt such British based organisations may include other nationals.

5.5 Cancellation

Underwriters may cancel this policy by giving written notice to the Insured at the address

stated in Item 3 of the Schedule of ninety (90) calendar days before the effective date of

cancellation. Premium will be refunded to the Insured on a pro rata basis.

UMR: 016/00000071/00 of 34







If notice is mailed by registered post, proof of mailing will be sufficient evidence of notice

being sent, and notice shall be deemed to have been served seven (7) calendar days after

dispatch. Notice may also be validly served by email or fax to the Insured or the Insured’s

agent or broker. Notice by email will be deemed to have been duly received if within five (5)

calendar days a reply, whether in the form of an acknowledgement or otherwise, has been

sent to and received by the original sender or a telephone confirmation from a responsible

person has been given. Notice by fax will be deemed to have been duly received if the

sending machine has printed a valid confirmation of receipt. Notice by fax or email, duly

received, will be deemed to have been served five (5) calendar days after the date of sending.

5.6 Premium Payment Warranty

It is warranted that all premiums due to The MPLC Limited under this policy are paid by the

premium due dates stated in Item 6 of the Schedule. Non-receipt by The MPLC Limited of

such premiums by midnight of the premium due date shall render this policy void with effect

from the inception date stated in Item 4 of the Schedule.

5.7 Policy Jurisdiction and Applicable Law

This policy is governed by and should be construed in accordance with the law of the country

specified in Item 12 of the Schedule.

Any dispute between the Underwriters and the Insured concerning this policy, its validity,

existence or termination or relating to the interpretation of the terms, conditions, limitations

and/or exclusions contained herein shall be the determined in accordance with the law of the

country specified at Item 12 of the Schedule. The parties agree to submit to the exclusive

jurisdiction of any court of competent jurisdiction within that country and to comply with all

requirements necessary to give such court jurisdiction.

621MILMPLC00018C (Amended)

© 2006-2009 The Medical Professional Liability Company Limited.

UMR: 016/00000071/00 of 34







Sub-Limit of Liability - Internet

Notwithstanding the provisions of Exclusion 4.9 the Underwriters shall not be liable under this policy to

pay more than GBP5,000,000.00 in the aggregate in respect of all Claims arising under this Policy

Period in respect of any and all Claims arising directly or indirectly from or in any way connected with

any advice, diagnosis or treatment given or information of any type published or promoted by the

Insured over the Internet or via any computer or any electronic system accessible outside the Insured’s

premises.

Unless otherwise specified in the policy, the above limit shall be inclusive of all Defence Costs.

Provided always that this endorsement will not operate to increase any aggregate Limit of Indemnity

stated in the policy.

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.

621MILMPLC00017A


UMR: 016/00000071/00 of 34







Extension – Loss of Documents

This policy is amended to also indemnify the Insured for sums which the Insured shall become legally

liable to pay as Compensatory Damages resulting from any Claims for loss of any of the following

documents

1. Patient medical records.

2. Documents (other than documents which have monetary value) entrusted to the Insured in the

course of the provision of the Insured's Medical Services by any patient, including deeds, wills,

plans, letters and certificates.

The Underwriters will also indemnify the Insured for the costs incurred by the Insured with the

Underwriters’ prior written approval in restoring or replacing any of the documents referred to in 1 and

2 above or;

3. The Insured’s own administrative and accounting records (other than patient medical records)

which have been lost.

In this Extension the terms ‘loss’ and ‘lost’ shall refer to the irrevocable loss, damage, theft or

destruction of documents which after diligent search by the Insured cannot be found. Documents

having monetary value shall be understood to mean tickets, bills, bank-notes, negotiable instruments,

bearer bonds, travellers’ cheques and the like.

The Underwriters shall not be liable for any Claim or Defence Costs arising from:

1. Libel or Slander.

2. Any infringement of the Data Protection Act 1998, other legislation derivative of EU Directive

95/46/EC of 24th October 1995 or similar legislation in any country.

3. Breach of professional confidentiality.

Sub-Limit of Indemnity:

The Underwriters shall not be liable under this policy to pay more than GBP 250,000.00 in the aggregate

in respect of all Claims arising and notified under this Policy Period in respect of any and all Claims or

costs arising directly or indirectly from or in any way connected with loss of documents referred to in 1,

2 or 3 above.

UMR: 016/00000071/00 of 34







Unless otherwise specified in the policy, the above limit shall be inclusive of all Defence Costs,

provided always that this endorsement will not operate to increase any aggregate Limit of Indemnity

already stated in the policy.

The Limit of Indemnity of the Underwriters shall be in excess of the amount stated in Item 5 of the

Schedule as the Excess in respect of each and every Claim.


621MILMPLC00019A


UMR: 016/00000071/00 of 34







Extension – Breach of Professional Confidentiality


liable to pay as Compensatory Damages resulting from any Claims for Breach of Professional

Confidentiality.

For the purposes of this extension Breach of Professional Confidentiality shall mean

“information known to the Insured by virtue of their relationship with a patient in accordance with the provision of

the Insured's Medical Services which should not be disclosed to third parties without the patients prior

consent”.

In the event of a Claim, the Insured shall, if requested to do so by Underwriters, issue an apology and

expression of regret, the form and content of which are to be approved by Underwriters. Underwriters

shall not be liable to further defend or indemnify the Insured if the Insured refuses to issue such an

apology and expression of regret or fails to issue it within the time frame specified by the Underwriters.

The Underwriters shall not be liable for any Claim or Defence Costs arising from

1. Libel or Slander.



3. Loss of documents entrusted to the Insured in a professional capacity.


The Underwriters shall not be liable under this policy to pay more than GBP250,000.00 in the aggregate

in respect of all Claims arising and notified under this Policy Period in respect of any and all Claims

arising directly or indirectly from or in any way connected with breach of confidentiality.







621MILMPLC00020A


UMR: 016/00000071/00 of 34







Extension – Libel and Slander


liable to pay as Compensatory Damages resulting from any Claims for Libel or Slander committed

without animosity.

For the purposes of this Extension Libel or Slander shall be defined as follows:

“A false statement made by words, pictures, visual images, gestures or other methods of signifying meaning which lower

a person in the estimation of right thinking members of society generally or cause him to be shunned or avoided or to

expose him to hatred, contempt or ridicule, or to disparage him in his office, profession, calling, trade or business”.

In the event of a Claim, the Insured shall, if requested to do so by Underwriters, issue an apology and

expression of regret, the form and content of which are to be approved by Underwriters. Underwriters

shall not be liable to further defend or indemnify the Insured if the Insured refuses to issue such an

apology and expression of regret or fails to issue it within the time frame specified by the Underwriters.

The Underwriters shall not be liable for any Claim or Defence Costs arising from:

1. Any communication or contribution to the press or media, unless previously vetted and

approved by a solicitor or lawyer.

2. Libel or Slander committed or alleged to have been committed against professional adversaries

or business competitors. This exclusion shall not apply to those members acting as an Expert

Witness.




The Underwriters shall not be liable under this Extension to pay more than GBP250,000.00 in the

aggregate in respect of all Claims arising and notified under this Policy Period in respect of any and all

Claims arising directly or indirectly from or in any way connected with Libel or Slander.







621MILMPLC00022A (Amended)


UMR: 016/00000071/00 of 34







Extension – Pure Economic Loss


liable to pay as Compensatory Damages resulting from any Claims for pure economic loss not

associated with any death, bodily injury, mental injury, illness or disease of or to any person or loss of or

damage to tangible property of any person caused by a negligent act, error or omission resulting from or

associated with the provision of Medical Services by the Insured.

This Extension is subject to all the terms, Conditions and Exclusions of the policy insofar as they can

apply, subject to any modification by any extension and Underwriters shall not be liable for any Claim

or Defence Costs:

1. Directly or indirectly caused by or arising out of or in any way connected with loss of documents,

defamation or breach of confidentiality.

2. Directly or indirectly caused by or arising out of or in any way connected with infringement of

copyright, design or trademark or passing off.

3. Directly or indirectly caused by or arising out of or in any way connected with infringement of

any breach of the Data Protection Act 1998, other legislation derivative of EU Directive


4. Directly or indirectly caused by or arising out of or in any way connected with financial default or

insolvency, fraud or dishonesty or the misuse or misappropriation of funds of or by the Insured.

5. Directly or indirectly caused by or arising out of or in any way connected with breach of any anti-

trust or monopoly legislation.

6. Directly or indirectly caused by or arising out of or in any way connected with liability assumed

under any contract entered into by or on behalf of the Insured unless such liability would have

attached in the absence of such contract.

7. Directly or indirectly caused by or arising out of or in any way connected with breach of contract

by the Insured unless the Insured can prove that the breach was the direct result of

circumstances outside the Insured’s control.

8. Made by any parent, subsidiary or associated or affiliated company of the Insured unless the

Claim emanates from an independent third party.

9. Made by any Insured or by Independent Professional Practitioners.

10. Made by any person or entity who has a Claim against the Insured by virtue of any right or

interest to or in the Insured.

UMR: 016/00000071/00 of 34








The Underwriters shall not be liable under this extension to pay more than GBP 5,000,000.00 in the

aggregate in respect of all Claims arising and notified under this Policy Period in respect of any and all

Claims arising directly or indirectly from or in any way connected with pure economic loss.







621MILMPLC00023A


UMR: 016/00000071/00 of 34







Special Extension – Products Liability

Insuring clause

Notwithstanding the provisions of Exclusion 4.6., Underwriters agree, subject to the terms, conditions

and exclusions contained herein to indemnify the Insured in excess of the sum specified in the Schedule

as the Excess for sums which the Insured shall become legally liable to pay as Compensatory

Damages in accordance with the laws of the country specified in Item 11 of the Schedule resulting from

any Claims made against the Insured and notified to Underwriters during the Policy Period arising in

respect of the Insured’s liability for death, bodily injury, mental injury, illness or disease of or to any

patient of the Insured caused by any actual or alleged negligent act, negligent error or negligent

omission committed by the Insured which arises from the Supply of Products to such patient of the

Insured.

Definition

For the purposes of this extension, “Products” shall mean:

“any solid, liquid, or gaseous substance or device or component part thereof, manufactured, constructed,

altered, repackaged, repaired, serviced, treated, administered, sold, supplied or distributed by or on

behalf of the Insured, and no longer in the possession of or under the control of the Insured.”

For the purposes of this extension, “Supply” shall mean:

“Supply in the provision of Medical Services or the performance of Good Samaritan Acts and

includes Supply (including re-supply) by way of sale, exchange, lease, hire, hire purchase or distribution

but does not include the manufacture, construction, administration, alteration, repackaging, repair,

servicing, or use, of any other Products associated with or in the course of the Supply of those

Products, which are not also supplied.”

For the purposes of this extension, “technical or administrative staff” shall mean;

“any person included within the definition of the Insured, per clause 3.7., who does not have any direct

patient contact or provide direct patient care.”

The Underwriters shall also not be liable for any Claim or Defence Costs

1. directly or indirectly caused by or arising out of or in any way connected with damage to any

Product or part thereof; but this exclusion shall not apply to consequent injury or damage,

UMR: 016/00000071/00 of 34







2. directly or indirectly caused by or arising out of or in any way connected with the costs incurred

in the repair, reconditioning, modification or replacement of any Product or part thereof

including any economic loss consequent upon the necessity for repairing, reconditioning,

modifying or replacing such Product,

3. directly or indirectly caused by or arising out of or in any way connected with the recall of any

Product or part thereof,

4. directly or indirectly caused by or arising out of or in any way connected with any Product or

part thereof which the Insured knows or ought to know is intended to be incorporated into the

structure, machinery or controls of any aircraft or spacecraft,

5. directly or indirectly caused by or arising out of or in any way connected with any Product which

is sold, distributed or provided outside of the territory listed in item 5 of the Schedule.

6. directly or indirectly caused by or arising out of or in any way connected with the failure of the

Insured's technical or administrative staff to take all reasonable precautions to prevent injury

and damage.

Sub-Limit of Indemnity

The Underwriters shall not be liable under this policy to pay more than GBP 5,000,000.00 in the

aggregate in respect of all Claims arising under this Policy Period in respect of any and all Claims

arising and notified under this Policy Period in respect of any and all Claims arising directly or

indirectly from or in any way connected with this Extension.



stated in the policy.




621MILMPLC00042A


UMR: 016/00000071/00 of 34







Special Extension - Financial Loss Coverage

Financial Loss Coverage

Underwriters agree to indemnify the Insured as a result of any Claim for accidental Financial Loss

made against the Insured and notified to Underwriters during the Policy Period and arising out of the

Insured’s business specified in the Proposal provided that:

a) Any Claim for accidental Financial Loss takes place on or after the Retroactive Date specified in

Item 8 of the Schedule.

b) The Claim is first made against the Insured and notified to Underwriters during the Policy

Period.

Underwriters will not be liable in respect of:

1. Financial Loss arising from:

a) Delay non-performance or non-completion by or on behalf of the Insured in carrying out

a contract

b) Strikes labour disturbances insolvency financial default any act of fraud or dishonesty

deceit conspiracy malicious falsehood or breach of contract or breach of anti-trust laws.

c) Libel slander or the passing of infringement of patents copyrights trade-marks or trade

names

d) Breach of trust of warranty or authority or breach of duty owed to shareholders investors

or partners by any director or officer of the Insured

e) The sale or supply of any investment or financial Product or service or the provision of or

failure to provide any instruction advice information or professional service whether or not

rendered for a fee

f) Circumstances known to the Insured prior to the commencement date of this extension

g) Any agreement to store process or supply computer data (including the supply of

information derived from such computer data) for a fee or by reciprocal arrangement

2. Financial Loss:

a) Incurred by any Individual Member of the Insured

b) In respect of property belonging to the Insured or in the custody or control of the

Insured or any employee or agent of the Insured

3. Liability for Financial Loss assumed under any contract or agreement unless such liability would

have attached in the absence of such contract or agreement

4. Liability arising from any interaction between a computer or computer system

UMR: 016/00000071/00 of 34







a) Belonging to the Insured or

b) For which the Insured is responsible or

c) Which is being operated on behalf of the Insured

And a computer or computer system of a third party

5. Any costs or expenses claimed or incurred for the repair removal replacement recall or disposal

of any Products out of which the Claim arises

6. GBP 5,000.00 each and every claim (including defence costs).

Underwriters’ total liability during the Policy Period in respect of accidental Financial Loss shall not

exceed GBP 1,000,000 and Underwriters shall not be liable to pay any sums after this Limit has been

exhausted.


621MILMPLC00118


UMR: 016/00000071/00 of 34







Special Exclusion – Professional Footballers

Underwriters shall not be liable for any Claim which is notified on or after 1 July 2015, or for any

related Defence Costs, directly or indirectly caused by or arising out of or in any way connected with

Medical Services to a Professional Footballer and provided by (a) any Insured who is contracted to

or otherwise working for a Defined Club (as full-time or part-time employee, independent contractor or

consultant or in any other capacity) or (b) any Insured who otherwise promotes their Medical Services

to a Defined Club or a Professional Footballer.

This Exclusion shall also apply to any Insured engaged by any other football club or team which is not a

Defined Club relating to Medical Services provided to any Professional Footballer on loan from a

Defined Club. This Exclusion shall not apply to Medical Services provided by any Insured prior to 1

July 2015 if on this date the Insured is no longer contracted to or otherwise employed by or promotes

their Medical Services to a Defined Club or a Professional Footballer.

This Exclusion shall not apply to Disability football teams or Good Samaritan Acts.

Definitions

Professional Footballer:

(A) Any male football player who is not less than 16 years old and whose part-time or full-time earnings,

whether direct or indirect, are derived from playing football for or in connection with any football

team or club and

(B) Who plays football for or in connection with any Defined Club. This definition includes:

1. First team players or reserve players and any junior team players, trialists and academy players

2. Players on loan to a Defined Club

3. Players on loan from a Defined Club to any football team or club (whether a Defined Club

or not)

4. Any other football player employed by or apprenticed or otherwise contracted to or engaged

by or playing under the patronage of or otherwise in association with a Defined Club

including for the avoidance of doubt branded soccer schools or

(C) Any Professional Footballer when selected (and only in and to the extent of their capacity as) a

squad member or player for any national or international football team of any country including but

not limited to participation in competitive or friendly matches at senior or junior level (age related or

otherwise), training regimes or any other official activity relating to their national or international

duties.

UMR: 016/00000071/00 of 34







Defined Club:

Any national or international professional Association football team or any football club playing in any

of the top two professional football divisions of England (currently known as the English Premiership

and Championship Divisions, Scotland (currently known as the Scottish Premiership and Championship

Divisions), Republic of Ireland or any other country (other than clubs playing in the football leagues of

Wales, Northern Ireland, the Channel Islands, or the Isle of Man).

Top Tiers Division:- for these purposes a football club which is promoted to one of such Top Tiers

Divisions shall be deemed to be a Defined Club with effect from 00:01 am on the date of the first

official league game of the relevant Top Tiers Division following the club’s promotion and a Defined

Club that is relegated out of a Top Tiers Division, shall cease to be a Defined Club at 00:01 am on

the day of the first league game in the division to which the club has been relegated.


621MILMPLC00119


UMR: 016/00000071/00 of 34







ENDORSEMENTS

1. It is hereby understood and agreed that:

1.1. ITEM 2 of the Schedule is amended to read as follows:

Name of the Insured

a) The Chartered Society of Physiotherapy (CSP)

b) The Chartered Society of Physiotherapy on behalf of its individual Members

c) Each of the Professional Network Groups (as detailed more fully in Schedule 'A') of The

Chartered Society of Physiotherapy

d) The individual Limited Companies or Partnerships (as detailed more fully in Schedule 'C')


Limit of Liability

a) GBP 5,000,000.00 Any One Claim (including costs and expenses)

GBP 10,000,000.00 In the Annual Aggregate (including costs and expenses) in respect of

the Chartered Society of Physiotherapy (CSP)

b) GBP 5,000,000.00 Any One Claim (including costs and expenses)


each Member of the Chartered Society of Physiotherapy

c) GBP 5,000,000.00 Any One Claim (including costs and expenses)


each of the Professional Network Groups (PNG as detailed more fully in Schedule ‘A’)

of The Chartered Society of Physiotherapy

d) As detailed fully in Schedule 'C' for approved Limited Companies or approved Limited

Liability Partnerships

Excess

None

but

GBP 5,000.00 Each and Every Claim (including Defence Costs) for Claims made under

621MILMPLC00118 Special Extension - Financial Loss Coverage

UMR: 016/00000071/00 of 34







1.3. ITEM 7 of the Schedule is amended to read as follows Great Britain, Northern Ireland, Channel Islands, Isle of Man, the Republic of Ireland, the Falkland Islands and elsewhere in the World for periods not exceeding 180 days in any 12 month period. Cover outside of Great Britain, Northern Ireland, Channel Islands and the Isle of Man shall only be provided hereunder if the Member:-

• Where required holds current HCPC registration on the date of treatment

• Is ordinarily or temporarily resident in Great Britain, Northern Ireland, Channel Islands, Isle of Man. For members who are temporarily resident in Great Britain, Northern Ireland, Channel Islands, Isle of Man, no cover shall be provided hereunder for any Medical Services which are provided within their own country of domicile, except student members undertaking a formal HCPC under graduate physiotherapy programme in the United Kingdom, and undertaking a formal elective placement in their home country.

• Does not provide Medical Services in Australia, other than when visiting with individual

British based clients, British based teams, British based athletes or British based entities which retain CSP members for the provision of Medical Services, for their own needs. It is understood and agreed that for the avoidance of doubt such British based organisations may include other nationals.

• Does not provide any Medical Services to any USA or Canadian nationals in the USA

or Canada.

It is understood and agreed that there is no cover for any Claims brought within the USA or Canada regardless of the nationality of the patient and regardless of where in the world they were treated. It is further understood and agreed that the 180 day restriction shall not apply to any Members deployed overseas for and on behalf of the UK Ministry of Defence.


Retroactive Date(s)

a) 01 September 2009 in respect of the Chartered Society of Physiotherapy

b) 01 October 2010 in respect of PhysioFirst or date of the individuals’ Membership

whichever is later

c) 15 September 2011 in respect of the AACP or date of the individuals’ Membership

whichever is later

d) The date of joining the Chartered Society of Physiotherapy for individual Members of the

CSP

e) None in respect of the Professional Network Groups (as detailed more fully in Schedule

‘A’) of The Chartered Society of Physiotherapy

f) Or as listed in Schedule ‘B’ in respect of the individual Members of The Chartered

Society of Physiotherapy who require a higher limit of indemnity

UMR: 016/00000071/00 of 34







g) The date trading commenced for non-limited liability partnerships registered in Great

Britain, Northern Ireland, the Channel Islands or the Isle of Man subject to all partners

holding CSP membership at that time

h) The date trading commenced for private limited companies based in Great Britain,

Northern Ireland, Channel Islands and the Isle of Man which are owned 100% by an

individual CSP member solely where the CSP member is the only practitioner subject to

the owner holding CSP membership at that time

i) The individual dates as detailed fully in Schedule 'C' for approved Limited Companies or

Partnerships

1.5. Increased Limit of Liability - Individual Members of PhysioFirst and/or the AACP

Individual Members of PhysioFirst and/or the AACP are afforded an increased Limit of

Liability of GBP10,000,000 any one Claim and GBP10,000,000 in the aggregate in respect of

Medical Services provided during their period of membership with either organisation.

Retroactive cover for the increased Limit of Liability shall be limited to the Retroactive dates

for PhysioFirst and the AACP or date of the individuals’ Membership whichever is later,

which are stated on Item 8 of the Schedule.

Notwithstanding the fact a Member may also be a Member of ‘PhysioFirst’ and/or the

AACP, the maximum aggregate Limit of Liability which is available for any such Members

shall be GBP10,000,000 in the aggregate.

Warranted the overall Annual Aggregate for the increased Limit of Liability in respect of the

Members of AACP is limited to a maximum blanket Limit of Liability of GBP10,000,000.00

In the Annual Aggregate (including costs and expenses)

1.6. Increased Limit of Liability - Individual Members of CSP

Subject to the prior written approval of Underwriters, an individual Member of the CSP may

elect to pay an additional premium (which is specified in Schedule B), to increase their ‘any

one Claim’ Limit of Liability to GBP10,000,000 any one Claim and GBP10,000,000 in the

aggregate. Retroactive cover for the increased ‘any one Claim’ Limit of Liability shall be

limited to the Retroactive date specified in Schedule ‘B’.

For the avoidance of doubt the individual member of the CSP must be listed on Schedule ‘B’

on the date Medical Services are provided. In the event that a Claim is made after the

individual member has ceased to purchase the increased Limit of Liability, cover hereunder

shall be limited to GBP 5,000,000 any one claim and GBP 10,000,000 in the aggregate,

unless Run-off cover has been purchased

UMR: 016/00000071/00 of 34







1.7. Cover afforded under 621MILMPLC00118 Special Extension - Financial Loss Coverage is

solely in respect of The Chartered Society of Physiotherapy (CSP) and does not extend to

other Insured's

1.8. Sanction Limitation and Exclusion

No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any

Claim or provide any benefit hereunder to the extent that the provision of such cover,

payment of such Claim or provision of such benefit would expose that (re)insurer to any

sanction, prohibition or restriction under United Nations resolutions or the trade or

economic sanctions, laws or regulations of the European Union, United Kingdom or United

States of America.

1.9. Students

Cover shall only be provided hereunder for Student Members whilst providing Medical

Services supervised by a registered Physiotherapist, registered Social Worker, or other

Healthcare Professional

1.10. Demonstration & Tuition

The term “patient” shall be deemed to include any person who is acting as a patient for

demonstration and /or tuition purposes.

1.11. Employees & Vicarious Liability

Underwriters shall not be liable for any Claim or Defence Costs directly or indirectly

caused by or arising out of or in any way connected with any Insured who employs or

engages a practicing Physiotherapist who is not a Member of the CSP.

Cover shall be provided hereunder for the vicarious liability of an Insured which arises from

the negligent acts of an employee, self-employed person, sub-contractor, student, volunteer

or associate employed, engaged or for whom they are otherwise legally responsible.

However, cover under this extension shall be only provided if:

a) any Claim falls within the scope of physiotherapy practice, and

b)all qualified physiotherapists retain full CSP membership in their own name.

UMR: 016/00000071/00 of 34







1.12. Medical Practitioners

Cover shall be provided hereunder to Members who are also a Medical Practitioner but

solely in respect of a Claim which arises from their practice as a Physiotherapist.

For the avoidance of doubt, Underwriters shall not be liable for any Claim or Defence

Costs directly or indirectly caused by or arising out of or in any way connected with the

provision of any Medical services which go beyond the scope of Physiotherapy Practice as

determined by the Chartered Society of Physiotherapy.

1.13. Run Off Cover

During the Policy Period, run-off is provided hereunder for:-

1.1. Claims which may arise from Medical Services provided by any non practising,

retired or former Insured in respect of Medical Services provided during their period

of CSP membership.

1.2. Overseas or former Overseas Members who were resident overseas (except in

Australia, USA or Canada) and who held full practising membership and were on the

CSP Overseas Register up to 31 December 1998, and

1.3. former Irish Members who held full practising CSP membership up to 31

December 2004, and

1.4. the heirs, executors, legal or personal representatives of any deceased Member.

1.14. Clinical Trials & Research Projects

Cover shall be provided hereunder in respect of any Claim arising from a clinical trial or

research project which has been approved by, or conducted in accordance with any

conditions or approvals made by, a properly constituted Ethics Committee

1.15. Overseas Members

Cover shall be provided hereunder until 31 December 2012 for 32 individual Members of the

CSP who are listed in Schedule ‘D’ who are resident overseas (except in Australia, USA and

Canada) and retain full practicing CSP membership.

1.16. Data Protection Act 1998 - Defence Costs Extension

This policy is amended to also indemnify the Insured for Defence Costs which are incurred

with the underwriters prior consent and agreement which relate to any allegations of any

infringements of the Data Protection Act 1998, other legislation derivative of EU Directive

UMR: 016/00000071/00 of 34







95/46/EC of 24th October 1995, or similar legislation in any country.

The maximum amount of Defence Costs which are available under this policy shall be

limited to GBP 100,000.00 Any One Claim and in the Annual Aggregate per member.

For the avoidance of doubt underwriters shall not be liable for any other amounts, awards,

fines, or damages which relate to the infringement of the Data Protection Act 1998, or other

legislation derivative of EU Directive 95/46/EC of 24th October 1995, or similar legislation

in any country.

1.17. It is understood and agreed that the term ‘patient’ shall be extended to include any client but

purely in respect of the provision of Medical Services.

1.18. Medical and Professional Liability Cover - Extension to Insured Principals

Notwithstanding Exclusion 4.18 Principal’s Liability this policy is extended to provide cover

to:

a) Principals engaging the Insured for the provision of Medical Services other than when

engaged as an employee of the Principal

b) Principals engaging the Insured as an employee (or any locum who is a CSP Member

covering the Insured's temporary absence), but only where the Insured is the only

practitioner and sole owner of the Principal

It is understood and agreed this extension does not provide cover for any Claims caused

by the negligence of anyone other than the Insured or results from activities other than

Medical Services provided by the Insured.

For the avoidance of doubt the Insured for the purpose of this extension shall be

restricted to Definitions 3.7.2, 3.7.3, 3.7.4 & 3.7.5 of the Policy wording

1.19. Return to Practice Members

Cover shall only be provided hereunder for Members Undertaking a Return to Practice

Programme or the provision of Medical Services whilst supervised by a registered

physiotherapist or other Healthcare Professional.

1.20. Acupuncture for Fertility Treatments It is understood and agreed that Underwriters shall not be liable for any Claim or Defence Costs directly or indirectly caused by or arising out of or in any way connected with the provision of acupuncture for fertility treatments where the acupuncture treatment is provided after 01 July 2016.

CSP Members Medical Professional Liability Policy...Medical Professional Liability Policy This is a...

Documents

Transcript of CSP Members Medical Professional Liability Policy...Medical Professional Liability Policy This is a...